Passenger Tickets: Do They Have a Place on Private Flights?

We are all used to receiving a passenger ticket before boarding a commercial flight, but how may of us realise what the passenger ticket is there for?

Other than proving that we have a reserved seat, the main purpose of the passenger ticket is to establish the terms and conditions of the contract of carriage between the carrier and the passenger.

For “terms and conditions” read “limitations of liability” since this is the main intention: to lit the liability of the carrier towards the passenger.

Where the carriage is international, an agreement known as the Warsaw Convention probably applies. This limits the liability of the carrier to a pre-determined amount. However, where carriage is domestic, the Warsaw Convention does not apply and it is generally left to the carrier to establish its own conditions. These will often contain a complete exclusion of liability, coupled with an indemnity undertaking by the passenger in respect of claims arising from dependants.

So what of the private aircraft owner who simply takes a friend along on a flight? The potential liability of the owner/pilot is virtually unlimited and there are neither international agreements nor passenger ticket conditions, that the owner or pilot can rely upon for protection. Furthermore, there is no guarantee that the insurance coverage will be sufficient: unlike motor insurance, the liability of the insurer is limited to the amount of cover purchased.

There is no reason why an owner or pilot, taking passengers on a private flight, should not enter into a contract with the passenger, even though there is no money changing hands. Indeed, it makes absolute sense that a contract should be entered into, so as to clearly establish the agreed conditions in advance of any loss that might give rise to a claim for compensation.

Whilst a passenger ticket may not be the appropriate document, a simple agreement, setting out the conditions, would be sensible. Properly drafted, it would only need to be signed once and could apply to all flights involving the same passenger.